May 22, 2018, 3:28 am
Last edit by: serfty
Link to Text of the regulations in PDF format
How about a Wiki to post EU comp given/denied as well as results for any CEDR or other process. Especially concerning the 787 issue as there are going to be many claims given all the cancellations.
Mine was April 22 BA280 LAX-LHR cancellation 4 days before flight and rebooked on later flight and arrived 4.5 hrs later than origianlly scheduled. BA's response was to deny for "operational" requirements though the 787 "tentatively assigned" G-ZBJG was used instead for a LHR-YUL flight that same day. CEDR filed and awaiting their initial review. Sept 3rd UPDATE: CEDR decision in Article 7 comp awarded in the amount of 600 euro as even though extraordinary circumstances are present in an engine defect as this, BA didn't show that they took reasonable steps to avoid the cancellation as they have known since Oct 2017 of this issue.
How about a Wiki to post EU comp given/denied as well as results for any CEDR or other process. Especially concerning the 787 issue as there are going to be many claims given all the cancellations.
Mine was April 22 BA280 LAX-LHR cancellation 4 days before flight and rebooked on later flight and arrived 4.5 hrs later than origianlly scheduled. BA's response was to deny for "operational" requirements though the 787 "tentatively assigned" G-ZBJG was used instead for a LHR-YUL flight that same day. CEDR filed and awaiting their initial review. Sept 3rd UPDATE: CEDR decision in Article 7 comp awarded in the amount of 600 euro as even though extraordinary circumstances are present in an engine defect as this, BA didn't show that they took reasonable steps to avoid the cancellation as they have known since Oct 2017 of this issue.
The 2018 BA compensation thread: Your guide to Regulation EC261/2004
Dec 2, 2018, 5:15 am
#1666
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Have a question about a hypothetical case. Flight A-C via B all on the same ticket/airline. A-B is over 1500km and B-C is less than 1500km. A-B is delayed causing a missed connection and thus a rebooked B-C flight arriving 2.5 hours later than what was originally booked. Will there be any compensation due?
Dec 2, 2018, 5:20 am
#1667
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It's a point frequently raised here that we can see the dispatch information for 48 hours after departure, but not thereafter, so it's best to ask here before 48 hours is up. Lightning strike is a complex area, but it's not for you to prove, it's for BA to do that, if it gets to MCOL or CEDR. What is perhaps more useful in this context is to consider whether BA took all reasonable steps to get you home on time.
Dec 2, 2018, 9:48 am
#1668
Join Date: Jun 2016
Location: LHR
Programs: BA Gold, Accor Silver
Posts: 159
I just wanted to also share in this forum the experience I had claiming EU261 compensation with Qatar Airways.
QR EU261 Compensation (DOH-BKK leg delayed) - Success story!
I am quite impressed with QR Customer Service!! I hope it helps others in the same situation and I advice everyone to re-think claiming for any potential delays/cancellations in the past 5 years.
QR EU261 Compensation (DOH-BKK leg delayed) - Success story!
I am quite impressed with QR Customer Service!! I hope it helps others in the same situation and I advice everyone to re-think claiming for any potential delays/cancellations in the past 5 years.
Dec 2, 2018, 12:42 pm
#1669
Join Date: Jul 2003
Posts: 59
Late 2016 I was booked GLA-LHR-IAD, got a text just after midnight saying my flight from GLA-LHR was delayed, it was because the inbound crew on the last flight into GLA were delayed and wouldn't be allowed to fly the aircraft back down to LHR at the scheduled time as they didn't have the required rest time between flights. So, I missed my LHR-IAD connection and I had IIRC around a 6 hour delay until I was on my way LHR-IAD on the 2nd flight of the day, am I due the EU compensation for this delay?
Dec 2, 2018, 1:43 pm
#1670
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Yes, it looks like it to me, if it was purely crew rest hours then that's inherent, so potentially OK for article 7 compensation.
Dec 2, 2018, 2:00 pm
#1671
Join Date: Nov 2011
Location: LHR Air Traffic Control
Programs: BAEC Silver
Posts: 875
it is likely that this is a proactive cancellation based in ATC reducing the landing slots at LHR because of weather. In which case EU261 does not apply.
Just because other airlines are operating flights from both airports is not really relevant. If BA (and other LHR airlines) have been told to cancel X number of flights then it makes a choice which to cancel but that does not mean EU261 applies.
There is (or at least used to be) a list of such proactive cancellations on the CAA website
Just because other airlines are operating flights from both airports is not really relevant. If BA (and other LHR airlines) have been told to cancel X number of flights then it makes a choice which to cancel but that does not mean EU261 applies.
There is (or at least used to be) a list of such proactive cancellations on the CAA website
Where the impact is significant, Heathrow airport might ask operators to cancel flights, and it's up to them whether they do so.
If there is predicted to be very significant impact, the HADACAB process is invoked, which every airlines signs up to as a part of the conditions of operating into LHR, and they are compelled to cancel a proportion of their flights.
Dec 3, 2018, 4:22 am
#1672
Join Date: Nov 2017
Posts: 686
After compensation under EC261 has been approved by BA how long typically before the payment is processed? I received notification 2 weeks ago of a successful claim and that a payment to me has been raised. Should I wait longer or inquire about it?
Dec 3, 2018, 5:47 am
#1673
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Normally they ask for payment details (bank account numbers etc) and then from the posts upthread it's not unusual for payment to be made in 48 hours. If you were not asked for payment information or you have an unusual currency (not GBP, USD, Euro or CAD) then I think it takes longer. I'd call up if you have concerns - afternoons only from 13 hrs to 17 hrs, Customer Relations number.
Dec 3, 2018, 6:53 am
#1674
Join Date: Nov 2017
Posts: 686
Normally they ask for payment details (bank account numbers etc) and then from the posts upthread it's not unusual for payment to be made in 48 hours. If you were not asked for payment information or you have an unusual currency (not GBP, USD, Euro or CAD) then I think it takes longer. I'd call up if you have concerns - afternoons only from 13 hrs to 17 hrs, Customer Relations number.
Dec 3, 2018, 9:58 am
#1675
Join Date: Oct 2012
Location: On the underground
Programs: BMI Dimond club, BA Executive Club
Posts: 462
Not EC261 but compo related. Did anyone have any luck in getting something for no CE meal? We had no service due to no rear toilets working.
Dec 4, 2018, 7:25 am
#1676
Join Date: Nov 2015
Programs: BAEC Gold, *A Gold
Posts: 127
To the best of my understanding, BA does indeed take an entirely linear approach to this. So a delay of 4 hours where 2 hours is technical and 2 hours weather is not going to get BA to pay up. The argument that delay causes overlap is not one that has worked yet, as far as I know, at senior court level. The best I can think of is that there is a CJEU ruling that says even if there is extraordinary circumstances, airlines are still responsible to do what they can to mitigate the impact. But I think this is too far of a stretch to cover your circumstances. And at the end of the day, had there been no bad weather, you wouldn't have the basis for a claim.
Dec 4, 2018, 7:29 am
#1677
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Thank you for the update. I believe BA contact you, but if they haven't done so after a week of BA accepting the CEDR ruling I think you should call up.
Dec 4, 2018, 12:10 pm
#1678
Join Date: May 2018
Posts: 68
Many thanks CWS for the very comprehensive summary on this topic 
I have read through the Wiki and wanted to double check that my understanding for an upcoming trip is correct.
I will be flying from LHR to SKB via MIA, on a ticket marketed and operated by AA. The connection time is fairly tight (2 hr 5 m) and there is a chance that we could miss the MIA - SKB flight leading to an overnight delay in MIA.
The LHR - MIA flight (AA39) seems to be quite reliable according to EF but there was a maintenance delay yesterday that would have meant we would have more than likely missed our connection and I'm therefore trying to figure out a Plan B if we find ourselves in a similar situation.
If this were to occur, my understanding is that EC261 would not apply here as the final leg is not ex-EU nor operated by an EU carrier?
Apologies if this should have been posted in the AA forum, however this is is definitely the most comprehensive EC261 thread on FT.
I have read through the Wiki and wanted to double check that my understanding for an upcoming trip is correct.
I will be flying from LHR to SKB via MIA, on a ticket marketed and operated by AA. The connection time is fairly tight (2 hr 5 m) and there is a chance that we could miss the MIA - SKB flight leading to an overnight delay in MIA.
The LHR - MIA flight (AA39) seems to be quite reliable according to EF but there was a maintenance delay yesterday that would have meant we would have more than likely missed our connection and I'm therefore trying to figure out a Plan B if we find ourselves in a similar situation.
If this were to occur, my understanding is that EC261 would not apply here as the final leg is not ex-EU nor operated by an EU carrier?
Apologies if this should have been posted in the AA forum, however this is is definitely the most comprehensive EC261 thread on FT.
Dec 4, 2018, 1:25 pm
#1679
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No, EC261 would apply here, there have been a number of legal cases in the last 2 years connected with Emirates (so transferring in Dubai) which have ended up as giving passengers protection in this situation. As it happens AA's custom and practice is to give hotel accommodation in this scenario, at least for status passengers and business class passengers, even if it was a weather problem. MIA is now quite slick so I doubt you need to worry, all I would do, by way of a precaution, is to have the Hilton and IHG Apps working on your telephone, just in case you get an unhelpful agent. Nevertheless the expense of this would be covered by EC261, as would compensation should that apply. On the return from St Christopher that wouldn't apply on AA, you would best be on the BA service in that scenario.
Dec 4, 2018, 2:46 pm
#1680
Join Date: May 2018
Posts: 68
No, EC261 would apply here, there have been a number of legal cases in the last 2 years connected with Emirates (so transferring in Dubai) which have ended up as giving passengers protection in this situation. As it happens AA's custom and practice is to give hotel accommodation in this scenario, at least for status passengers and business class passengers, even if it was a weather problem. MIA is now quite slick so I doubt you need to worry, all I would do, by way of a precaution, is to have the Hilton and IHG Apps working on your telephone, just in case you get an unhelpful agent. Nevertheless the expense of this would be covered by EC261, as would compensation should that apply. On the return from St Christopher that wouldn't apply on AA, you would best be on the BA service in that scenario.
Are AA partnered with Hilton or IHG given you specifically mentioned them? We have status with Marriott/SPG so had looked into which of their hotels are available if needed. I read over on the AA forum that passengers were only offered the legal compensation amount (600 EUR) and other accommodation/delay related expenses were not covered although that didn't seem to be the case reading the thread here.
We are indeed on BA metal/AA ticket on the way back although there are other available MIA - LHR flights after our scheduled flight so less of a concern there.